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Inlaw, aper curiam decision oropinion (sometimes called anunsigned opinion) is one that is not authored by or attributed to a specific judge, but rather ascribed to the entirecourt or panel of judges who heard the case.[1] The termper curiam isLatin for'by the court'.[2]
The decisions of theU.S. Supreme Court are generally notper curiam, with exceptions.[3] Their decisions more commonly take the form of one or more opinions signed by individual justices which are then joined in by other justices.[3] Unanimous and signed opinions are not consideredper curiam decisions, as only the court can officially designate opinions asper curiam.[3]Per curiam decisions tend to be short.[3] In modern practice, they are most commonly used in summary decisions that the Court resolves without full argument and briefing.[4] The designation is stated at the beginning of the opinion. Single-lineper curiam decisions are also issued without concurrence or dissent by a hung Supreme Court (a 4–4 decision), when the Court has a vacant seat.
The notable exceptions to the usual characteristics for aper curiam decision are the cases ofNew York Times Co. v. United States,Bush v. Gore, andTrump v. Anderson. Although they wereper curiam,[5] each had multiple concurrences and dissents.[6][7]
Examples include:
Theper curiam practices of the individualUnited States Courts of Appeals vary by judicial circuit. TheSecond Circuit, for instance, issues its nonprecedential decisions as "summary orders" that do not designate an author but are also not labeled asper curiam opinions; occasionally, the court will issue precedential decisions with aper curiam designation. In theThird Circuit, by contrast, the majority of both precedential and nonprecedential decisions indicate the authoring judge, and theper curiam designation is generally, but not exclusively, reserved for dispositions on the court'spro se and summary action calendar.
TheSupreme Court of California occasionally releases decisions in the name of "The Court" but they are not necessarily unanimous. Sometimes, they are accompanied by extensive concurring and dissenting opinions.[8]
TheSupreme Court of Florida frequently releases death penalty opinions in aper curiam form, even if there are concurring and dissenting opinions to the majority.[9]
Many decisions of theNew York Supreme Court, Appellate Division, especially in the First and Second Judicial Departments, do not designate an author. Across the Departments, theper curiam designation is used in attorney disciplinary decisions.[10]
TheSupreme Court of Canada uses the term "The Court" ("La Cour" in the French versions) instead ofper curiam. The practice began around 1979 byChief JusticeLaskin, borrowing from theUS Supreme Court practice of anonymizing certain unanimous decisions.[11]
However, unlike US courts, which useper curiam primarily for uncontroversial cases, the Supreme Court tends to attribute decisions to "The Court" in important and controversial cases, to emphasize that the Court is speaking with one voice.[12][13]
